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Article Link 16.1: Burton, Corey D. and John D. Burrow (2015). How Long Must They Wait? Lackey Claims, Excessive Delay, and Evolving Standards of Decency. Criminal Justice Policy Review, 26(6): 620-638.

An almost inherent characteristic of American death penalty jurisprudence is the long period of time that passes between the sentencing of a death-eligible defendant and the defendant’s execution. Although defendants who are sentenced to death row have a clear interest in exhausting all appeals, in many cases, the entire process may take 20 to 30 years or more, possibly exposing these individuals to undue physical and psychological harm. Such harm, when combined with the execution itself, may violate the Eighth Amendment to the U.S. Constitution. The current piece examines the concept of Lackey claims and examines such claims within the framework of “evolving standards of decency.” Recommendations for policy are also discussed.

1. What are the effects of prolonged periods in solitary confinement?
2. What do the findings of this study imply about the constitutionality of death row?